Infringement of a registered Trademark is not new. Indeed, it is a worldwide concern for many business owners. Likewise, it is noteworthy that the use of a brand, logo or trade name by a company does not make the company the owner of the brand until it is registered in the Country of Jurisdiction where in the business is carried out.

As soon as the process of registering a Trademark is completed, you become the rightful owner for the period the Mark is registered. After registration, your rights to utilize the brand or logo design are endless and if another party resumes or continues the usage of the trademark, an action of trademark infringement may be filed for redress at the ministry of Economy or the Court.

Here’s a list of prohibited actions relating to trademark registration:

  • Counterfeiting of a legitimately registered trademark, or imitating it in a way that creates confusion in the public, or using a counterfeited or an imitated trademark in bad faith.
  • Illegitimately using a registered trademark that is already owned by someone else
  • Putting on products a registered trademark of another business in bad faith
  • Selling or offering for sale, circulating, or processing for the purpose of sale products that bear counterfeited or imitated trademarks, or unlawfully put, with his recognition
  • Intentionally offering or rendering services under a trademark that is forged, imitated, or unlawfully used
  • Using a mark that is not applicable for registration as stipulated in Law.

Writing any statement at all on marks or trade papers that imply that they’ve been registered or they distinguish goods and services apart from what is mentioned in the Register, thereby, creating a deception.

How do you protect your Trademark?

Our Watchdog Services Protects your trademarks from potential infringements. However, if we were not contacted to watch your trademark and it is being infringed, as soon as it is brought to attention that someone or another company is using your trademark, Our Consultants “may” send a Legal Notice inform of a Cease and Desist letter to the party in question. Where this is adhered, you may not institute any further Actions. Thereafter, if the other party does not yield, a case is filed at the Ministry of economy.

If the judge of the committee decides that the party that is claimed to be infringing the complainant doesn’t agree with the decision, the case will be escalated to the competent Court of First Instance and onward filing at the Court of Appeal and Cassation in case of a displeasure with the decision at the Court of First Instance.

For your trademark Registration, amendment and infringement matters in the UAE, we will assist you every step of the way and ensure that your brand remains your brand.

Contact our Intellectual Property experts today.

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